ADAMSON UNIVERSITY COLLEGE OF ARCHITECTURE

Submitted by:

201011158

Submitted to:

Professor

Presidential Decree No. 957 otherwise known as Subdivision and Condominium

Buyers Protective Decree was initiated by the late President Ferdinand Marcos on July

12, 1976 and applied with the latest revised implementing rules and regulations in 2009.

The primary purpose of this decree is to protect the buyers of condominium

projects and subdivision developments against misrepresentations and fraudulent

activities of developers, sellers and operators.

Nowadays, real estate competition among developers, agents and operators is

becoming more stiff. Some of these people would do anything just to close the deal with

their clients. And the idea of doing just anything to close the deal is a double edged sword.

To do anything good to benefit both parties (the client and the seller) is whats ideal

and just. However, what if only one party benefits more in the transaction? In this case, it

is usually the seller.

This happens when sellers (property developers, operators, brokers and

salespersons) over-promise something to clients but under-deliver, deceive the client by

fraudulent presentation or by simply feeding the client with information which are not true,

incomplete or incomprehensive.

There were (and still are) numerous complaints against these unscrupulous

activities of property developers, operators, brokers and salespersons reported to

different government agencies such as the Housing and Land Use Regulatory Board

(HLURB) and National Housing Authority (NHA).

An act authorizing the ministry of human settlements to establish and promulgate

different levels of standards and technical requirements for economic and socialized

housing projects in urban and rural areas from those provided under Presidential Decrees

Numbered Nine Hundred fifty-seven, Twelve hundred sixteen, Ten hunderd ninety-six

and Eleven hundred eighty-five.

MALACAANG

M a n i l a

PRESIDENTIAL DECREE No. 737

EXTENDING THE EFFECTIVITY OF THE PRICE CONTROL LAW TO JUNE 30, 1977

WHEREAS, Section 11 of Republic Act No. 6361, otherwise known as the Price Control Law, as amended by Presidential Decree No. 234, provides that this law shall

expire on June 30, 1975; and

WHEREAS, there is an urgent need to extend the effectivity of the law in line with the policy to prevent monopoly, hoarding, injurious speculation, manipulation and

profiteering with respect to the supply, distribution and marketing of prime commodities;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and pursuant to the economic and social development programs of the Government, do hereby extend the effectivity of

Republic Act No. 6361, otherwise known as the Price Control Law, up to June 30, 1977.

Any provision of law, executive order or regulation inconsistent herewith is hereby repealed or modified accordingly.

This Decree is hereby made part of the law of the land and shall take effect

immediately.

Done in the City of Manila, this 30th day of June, in the year of Our Lord, nineteen hundred and seventy-five.

(Sgd.) FERDINAND E. MARCOS

By the President:

(Sgd.) ALEJANDRO MELCHOR

Executive Secretary

Source: Malacaang Records Office

Defining "open space" in residential subdivisions and amending section 31 of Presidential Decree No. 957 requiring subdivision owners to provide roads, alleys,

sidewalks and reserved open space for parks or recreational use.

Presidential Decree No. 1216, a law created during the time of President Ferdinand Marcos, which mandated that all developers and owners of subdivisions and commercial areas turn over 30 percent of the entire developed property to the city

government.

PD 1216 was an amendment of a previous law, PD 957, which gave the developers an option to donate the roads and open spaces located within their developed property

to the local government.

Under PD 1216, the donation is now mandated and is no longer at the option of the developer.

MALACAANG

M a n i l a

PRESIDENTIAL DECREE No. 1216

DEFINING "OPEN SPACE" IN RESIDENTIAL SUBDIVISIONS AND AMENDING

SECTION 31 OF PRESIDENTIAL DECREE NO. 957 REQUIRING SUBDIVISION OWNERS TO PROVIDE ROADS, ALLEYS, SIDEWALKS AND RESERVE OPEN

SPACE FOR PARKS OR RECREATIONAL USE

WHEREAS, there is a compelling need to create and maintain a healthy

environment in human settlements by providing open spaces, roads, alleys and sidewalks as may be deemed suitable to enhance the quality of life of the residents therein;

WHEREAS, such open spaces, roads, alleys and sidewalks in residential

subdivision are for public use and are, therefore, beyond the commerce of men;

WHEREAS, pursuant to Presidential Decree No. 953 at least thirty percent (30%) of the total area of a subdivision must be reserved, developed and maintained as open

space for parks and recreational areas, the cost of which will ultimately be borne by the lot buyers which thereby increase the acquisition price of subdivision lots beyond the reach of the common mass;

WHEREAS, thirty percent (30%) required open space can be reduced to a level

that will make the subdivision industry viable and the price of residential lots within the means of the low income group and at the same time preserve the environmental and

ecological balance through rational control of land use and proper design of space and facilities;

WHEREAS, pursuant to Presidential Decree No. 757, government efforts in housing, including resources, functions and activities to maximize results have been

concentrated into one single agency, namely, the National Housing Authority;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

Section 1. For purposes of this Decree, the term "open space" shall mean an area

reserved exclusively for parks, playgrounds, recreational uses, schools, roads, places of worship, hospitals, health centers, barangay centers and other similar facilities and

amenities.

Section 2. Section 31 of Presidential Decree No. 957 is hereby amended to read as follows:

"Sec. 31. Roads, Alleys, Sidewalks and Open spaces. The owner as developer of a subdivision shall provide adequate roads, alleys and sidewalks. For subdivision

projects one (1) hectare or more, the owner or developer shall reserve thirty percent (30%) of the gross area for open space. such open space shall have the following

standards allocated exclusively for parks, playgrounds and recreational use:

(a) 9% of gross area for high density or social housing (66 to 100 family lot per gross hectare).

(b) 7% of gross area for medium-density or economic housing (21 to 65 family lot per

gross hectare).

(c) 3.5 % of gross area low-density or open market housing (20 family lots and below per gross hectare).

These areas reserved for parks, playgrounds and recreational use shall be non-alienable public lands, and non-buildable. The plans of the subdivision project shall

include tree planting on such parts of the subdivision as may be designated by the Authority.

Upon their completion as certified to by the Authority, the roads, alleys, sidewalks

and playgrounds shall be donated by the owner or developer to the city or municipality and it shall be mandatory for the local governments to accept provided, however, that the

parks and playgrounds may be donated to the Homeowners Association of the project with the consent of the city or municipality concerned. No portion of the parks and playgrounds donated thereafter shall be converted to any other purpose or purposes.

Section 3. Sections 2 and 5 of Presidential Decree No. 953 are hereby repealed

and other laws, decrees, executive orders, institutions, rules and regulations or parts thereof inconsistent with these provisions are also repealed or amended accordingly.

Section 4. This Decree shall take effect immediately.

DONE in the City of Manila, this 14th day of October, in the year of Our Lord, nineteen

hundred and seventy-seven.

Squatting is a huge social and economic problem in the Philippines, more so because squatters are protected by laws that make it difficult to remove them from properties they infest. Presidential Decree 772 (PD 772) effected by former President

Ferdinand Marcos in 1975 made prosecuting squatting and other criminal acts relatively easy.

And so, under Marcoss administration, thousands of squatters were successfully evicted from land they illegally inhabited and jailed for their offense.

Unfortunately PD 772 was repealed when Republic Act No. 8368, the Anti -Squatting Law Repeal Act of 1997 took effect. RA 8368 also authorized dismissal of all pending cases that drew upon the provisions of the now repealed PD 772.

RA 7279 however explicitly excludes from the definition individuals or groups who simply rent land and housing from professional squatters or squatting syndicates. These laws, in effect, make the process of removing squatters from ones property a long and convoluted one.

Unfortunately for the hapless landowner, the Philippines is a society that likes to play the humanitarian card when it comes to squatters. Even the use of the word squatter has for some time been routinely dropped in polite conversation in favour of the euphemism informal settler. Indeed, human rights activists have been quick to side with Duterte, in the process becoming apologists for a mayor who, in front of TV cameras, launched into an unprovoked assault against Andres, an officer of the Judiciary who, apparently, was just out to implement a court order. That, plus the convenient

downplaying of what was clearly criminal behaviour on the part of the informal settlers affected by the demolition order who were throwing rocks and sharp objects at Andress team and the police officers who were escorting them, is typical of a society where

impunity rules.

Bottom line is that the issue of evicting squatters from land they have no right to inhabit will not have been muddled into idiotic debates that invoke humanitarian appeal had laws on squatting and legal use of both public and private property been observed from the very start. The problem with the way things are done in the Philippines is that

small misdemeanors get routinely tolerated. And then more and more of them get tolerated until the pile of little misdemeanors gets bigger and bigger. We no longer see the small misdemeanors but behold the big pile of impunity looming tall before us and

wonder, how this came to be.

MALACAANG

M a n i l a

PRESIDENTIAL DECREE No. 772 August 20, 1975

PENALIZING SQUATTING AND OTHER SIMILAR ACTS

WHEREAS, it came to my knowledge that despite the issuance of Letter of

Instructions No. 19 dated October 2, 1972, directing the Secretaries of National Defense, Public Works and Communications, Social Welfare and the Director of Public Works, the

PHHC General Manager, the Presidential Assistant on Housing and Rehabilitation Agency, Governors, City and Municipal Mayors, and City and District Engineers, "to remove all illegal constructions including buildings on and along esteros and river banks,

those along railroad tracks and those built without permits on public and private property, "squatting is still a major problem in urban communities all over the country;

WHEREAS, many persons or entities found to have been unlawfully occupying

public and private lands belong to the affluent class;

WHEREAS, there is a need to further intensity the government's drive against this illegal and nefarious practice;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,

by virtue of the powers vested in me by the Constitution, do hereby decree and order:

Section 1. Any person who, with the use of force, intimidation or threat, or taking

advantage of the absence or tolerance of the landowner, succeeds in occupying or possessing the property of the latter against his will for residential commercial or any

other purposes, shall be punished by an imprisonment ranging from six months to one year or a fine of not less than one thousand nor more than five thousand pesos at the

discretion of the court, with subsidiary imprisonment in case of insolvency.

If the offender is a corporation or association, the maximum penalty of five years and the fine of five thousand pesos shall be imposed upon the president, director, manager or managing partners thereof.

Section 2. This decree shall take effect immediately.

Done in the City of Manila, this 20th day of August, in the year of Our Lord, nineteen hundred and seventy-five.

Renamed the HSRC as the Housing and Land Use Regulatory Board (HLURB)

and was designated as the regulatory body for housing and land development under the

Housing and Urban Development Coordinating Council (HUDCC).

The Housing and Urban Development Coordinating Council (HUDCC) was created by then President Corazon C. Aquino by virtue of Executive Order No. 90 dated 17 December 1986. The EO, which also abolished the Ministry of Human Settlements,

placed HUDCC under the direct supervision of the Office of the President to serve as the highest policy making body for housing and coordinate the activities of the key housing

agencies to ensure the accomplishment of the Government Shelter Program.

On 25 May 1989 and May 28, 2001 , Executive Order No. 357 and Executive Order No. 20 were issued respectively, to strengthen HUDCC into department level

organization by conferring it with the power to exercise overall administrative supervision over the key housing agencies; set and ensure the attainment of targets and objectives for the housing sector; review the organization, programs and projects of the key housing

agencies; decentralize its operations and enlist the assistance of the Department of Budget and Management in securing continuing funding support to the National Shelter

program.

In 1992, the Urban Development and Housing Act (RA 7279) mandated the HUDCC to direct the formulation of a National Urban Development and Housing Framework in coordination with the Local Government Units and other public and private

sector agencies; design of a system for the registration qualified socialized housing beneficiaries and inventory of land suitable for socialized housing; and provide, through

its attached housing agencies, the LGUs with support for the preparation of town and land use plans, data for forward planning and investment programming, and assistance in obtaining funds and other resources for housing and urban development.

From 1986 to present, there are several executive and legislative issuances

including the three laws mentioned above, that provide or authorize HUDCC with specific functions and/or require it to undertake certain tasks related to housing and urban

development. These legal and legislative fiats assigned duties and responsibilities to HUDCC that are related to its original mandate as the lead agency in housing and urban development.

MALACAANG

M a n i l a

EXECUTIVE ORDER NO. 90 December 17, 1986

IDENTIFYING THE GOVERNMENT AGENCIES ESSENTIAL FOR THE NATIONAL

SHELTER PROGRAM AND DEFINING THEIR MANDATES, CREATING THE HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL,

RATIONALIZING FUNDING SOURCES AND LENDING MECHANISMS FOR HOME

MORTGAGES AND FOR OTHER PURPOSES

WHEREAS, Government recognizes that shelter is a basic need for which low and middle income families, particularly in urbanized areas, require assistance;

WHEREAS, Government has approved a six-year National Shelter Program which

aims at providing increased levels of such assistance on a nation-wide basis;

WHEREAS, there is a need to define the mandates of government agencies involved in housing and to better coordinate and monitor their activities;

WHEREAS, there is also a need to establish a system that will provide the funds

required for long-term housing loans on continuous, self-sustaining basis;

WHEREAS, there is likewise a need to encourage private sector participation in low-cost housing and finance;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do

hereby order:

Title I

HOUSING AGENCIES AND MANDATES

Sec. 1. Key Agencies. To ensure the accomplishment of the National Shelter

Program, the following primary government housing agencies, any provision of existing

laws and their respective charters to contrary notwithstanding, are hereby mandated to:

a) National Housing Authority - The National Housing Authority shall be the sole

government agency engaged in direct shelter production. It shall focus its efforts in providing housing, assistance to the lowest 30% of urban income-earners through slum

upgrading, squatter relocation, development of sites and services and construction of core-housing units. In addition, it shall undertake programs for the improvement of

blighted urban areas and provide technical assistance for private developers undertaking

low-cost housing projects. Development of its existing properties for housing projects for income-earners above the lowest 30% may be continued provided that funds generated

thereon are utilized for the attainment of its primary mandate.

b) National Home Mortgage Finance Corporation - The National Home Mortgage

Finance Corporation shall be the major government home mortgage institution. Its initial

main function is to operate a viable home mortgage market, utilizing long term funds principally provided by the Social Security System, the Government Service Insurance System and the Home Development Mutual Fund to purchase mortgages originated by

both private and public institutions that are within government approved guidelines. It also charged with the development of a system that will attract private institutional funds into

long-term housing mortgages.

c) Human Settlements Regulatory Commission - The Human Settlements Regulatory

Commission; renamed as the Housing and Land Use Regulatory Board, shall be the sole

regulatory body for housing and land development. It is charged with encouraging greater private sector participation in low-cost housing through liberalization of development standards, simplification of regulations and decentralization of approvals for permits and

licenses.

d) Home Financing Corporation - The Home Financing Corporation, renamed as the

Home Insurance and Guaranty Corporation, shall assist private developers to undertake

low and middle income mass housing production and encourage private institutional funds and commercial lenders to finance such housing development and long-term mortgages through a viable system of guarantees, loan insurance and other incentives.

Sec. 2. Support Agencies. To ensure that the funds required for long-term

housing loans are available on a continuous and self-sustaining basis, the following support agencies, any provision of existing laws and their respective charters to the

contrary notwithstanding, are hereby mandated to:

a) Home Development Mutual Fund- The Home Development Mutual Fund will continue

to administer provident fund contributions collected from member employees and employers, utilizing funds not required for provident benefits for housing loans for

members, and, in addition, will be charged with the development of saving schemes for home acquisition by private and government employees.

b) Social Security System - The Social Security System shall be the primary provider of

funds long-term housing mortgages for low and middle-income private sector employees.

c) Government Service Insurance System - The Government Service Insurance

System shall be the primary provider of funds for long-term housing mortgages for low

and middle-income government employees.

Title II

THE HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL

Sec. 3. Creation; Main Function; Principal Office. There is hereby created a

Housing and Urban Development Coordinating Council, hereinafter referred to as the Council, under the immediate control and supervision of the President of the Philippines, charged with the main function of coordinating the activities of the government housing

agencies to ensure the accomplishment of the National Shelter Program. The Council shall have its principal office in Metropolitan Manila.

Sec. 4. Composition. The Council shall be composed of the following:

a. A Chairman, who shall be appointed by the President of the Philippines;

b. The Head of the primary government agencies and the support agencies for funding

for housing enumerated above;

c. One representative each from the National Economic and Development Authority, the Ministry of Finance, the Ministry of Budget and Management, the Ministry of Public Works

and Highways and the Development Bank of the Philippines; and

d. Two representatives from the private sector to be selected by the Council.

Sec. 5. Powers and Functions of the Council. The Council shall have the

following powers and functions:

a. To formulate national objectives for housing and urban development and to design

broad strategies for the accomplishment of these objectives;

b. To determine the participation and coordinate the activities of the key government housing agencies in the national housing program;

c. To monitor, review and evaluate the effective exercise by these agencies of their assigned functions;

d. To assist in the maximum participation of the private sector in all aspects of housing and urban developments;

e. To recommend new legislation and amendments to existing laws as may be necessary for the attainment of government's objectives in housing;

f. To formulate the basic policies, guidelines and implementing mechanisms for the

disposal or development of acquired or existing assets of the key housing agencies which are not required for the accomplishment of their basic mandates;

g. To exercise or perform such other powers and functions as may be deemed necessary, proper or incidental to the attainment of its purpose and objectives.

Sec. 6. Powers and Functions of the Chairman. The Chairman of the Council

shall serve as ex officio Chairman of the governing Boards of the key housing agencies. To assist him in the fulfillment of his duties, the Chairman is hereby authorized to create

a Council Secretariat with a staff of qualified personnel.

Sec. 7. Council Secretariat. The Secretariat shall be headed by a Secretary-

General to be appointed by the Chairman of the Council. The Secretary-General shall be

an ex officio member of the Council and shall be responsible for the execution and administration of its approved policies and measures.

Sec. 8. Appropriations. To cover initially the expenses of the Council and the

Secretariat, the unappropriated funds of the Ministry of Human Settlements for the Shelter

Secretariat shall be utilized together with proportionate contributions of the key government housing agencies which is set at TEN MILLION PESOS (P10,000.00).

Thereafter, the necessary funds shall be appropriated every Fiscal Year in the General Appropriations Act.

Title III

RATIONALIZING THE FUNDING SOURCES AND LENDING MECHANISM FOR

HOME MORTGAGES

Sec. 9. Funding Sources. To enable the Social Security System, the Government

Service Insurance System and the Home Development Mutual Fund to provide improved benefits to their members and to generate the necessary long-term funds for housing, a

rationalization of all employer and employee contributions for all social insurance and provident fund benefits is hereby directed to include the following:

a. Raising the Social Security System maximum compensation, inclusive of the Cost

of Living Allowances, as a basis for contributions from P1,000.00 to P3,000.00

b. Making contributions to the Home Development Mutual Fund voluntary on the

parts of both employees and employers;

c. Instituting a single mandatory contribution rate for employees and employers for all social insurance programs.

Sec. 10. Home Development Mutual Fund as Voluntary Fund. In the

implementation of the above rationalization program, the following shall govern the

operations of the Home Development Mutual Fund:

a. All existing contributions together with their accumulated earnings shall be retained in the Home Development Mutual Fund until their maturity in accordance with

existing rules and regulations.

b. Membership in the funds for new private and government employees and their respective employees shall be voluntary after December 31, 1986.

c. After December 31, 1986, existing members, both employees and employers, shall have the option to continue or discontinue new Fund contributions.

d. To encourage provident fund savings for home acquisition, all government

instrumentalities, agencies and corporations shall match the voluntary

contributions made by government employees in accordance with existing ratios. Private employers are urged to match the contributions of their employees who opt

to continue their membership in the Fund.

Sec. 11. Implementing Rules. The Presidential Commission on Government

Reorganization (PCGR) is hereby instructed to draft implementing rules for the rationalization of the Home Mortgage Financing System and for the new Home

Development Mutual Fund guidelines to take effect on January 1, 1987. The National Economic and Development Authority is hereby instructed to coordinate the drafting of

the implementing rules for the rationalization of all social insurance programs to take effect not later than March 31, 1987.

Sec. 12. Home Mortgage Financing Corporation. Complementary to the

rationalization of the Funding Sources as above provided, an integrated home mortgage

financing system is hereby adopted with the following features:

a) Landing Guidelines Amounts financed, interest rates, and terms on home mortgages to be purchased by the National Home Mortgage Finance Corporation

shall be determined by the Council on recommendation by its technical staff which shall include representatives of the funding institutions.

b) Allocation of Fund Contributions For 1987, the total amount to be made available

for long term mortgages under the National Shelter Program will be P4.2 billion.

The Social Security System, the Government Service Insurance System, and the Home Development Mutual Fund will contribute a total of P3.4 Billion, to be

allocated by the National Economic and Development Authority among the agencies in an equitable manner. The National Government shall contribute the balance of funds required. Thereafter, each institution, on recommendation of the

Council, shall set a fixed percentage of their annual investible funds for long-term home mortgages. These funds shall be made available to the National Home

Mortgage Finance Corporation under terms which ensure their repayment.

c) Lending rates Chargeable to the National Home Mortgage Finance Corporation Funds shall be used by the National Home Mortgage Finance Corporation

principally to extend mortgage loans for the members of the funding agencies. For this, the agencies will charge the National Home Mortgage Finance Corporation

annual interest equivalent to the average interest rate charged to members under terms approved by the council less a reasonable spread to cover the National Home Mortgage Finance Corporation's administration costs as well as adequate

provisions for loans losses. The funding agencies may also make direct loans or purchase securities from the National House Mortgage Finance Corporation. In

this event, interest rates and terms shall be as agreed between the National Home Mortgage Finance Corporation and the funding Institution.

Sec. 13. Interim Arrangement. A phasing-in process for the implementation of

the Home Mortgage Financing System as above provided shall be determined and

implemented by the Council over a period not to exceed six months. In the interim, the Social Security System, the Government Security Insurance System and the Home

Development Mutual Fund shall continue with their home mortgage lending activities provided that the beneficiaries, lending packages, rates, terms and procedures shall be made uniform and in accord with the National Shelter Program not later than December

31, 1986. Such loans shall be considered as partial compliance with each agency's funding commitments for the year.

Title IV

OTHER PROVISIONS

Sec. 14. Special Provisions. To further assist the housing agencies in the

fulfillment of their primary objectives, the following are directed to be undertaken:

a. The Metropolitan Waterworks and Sewerage System, within its area of jurisdiction, shall immediately take over water and sewerage systems completed by the

National Housing Authority.

b. The direct housing development activities of the Human Settlement Development

Corporation's housing and construction materials subsidiaries as well as the Land Investment Trust administered by the Home Financing Corporation shall be

phased out within a period of three (3) years from the effectivity of this Executive Order. All concerned agencies shall, not later than March 31, 1987, submit to the Council their respective phasing-out programs. Whatever net proceeds realized

therefrom shall be turned over to the National Government.

c. The Social Security System and the Government Service Insurance System shall

be allowed to engage in bridge development financing of low and middle income mass housing projects; The National Home Mortgage Finance Corporation shall be recapitalized so that its unimpaired capital after realistic provisions for losses

amounts to P500 million.

d. The Home Financing Corporation shall be recapitalized to enable it to fulfi ll objectives.

Sec. 15. Separability. The provisions of this Executive Order are declared to be

separable and if any provision or the application thereof is held invalid or unconstitutional, the validity of other provisions shall not be affected.

Sec. 16. Repealing Clause. All laws, orders, issuances, corporate charters, rules

and regulations or parts thereof inconsistent with this Executive Order are hereby repealed or modified accordingly.

Sec. 17. Effectivity. This Executive Order shall take effect immediately.

lawphi1.net

Done in the City of Manila, this 17th day of December, in the year of Our Lord, nineteen hundred eighty-six.

In the Philippines, the Lina Law, otherwise known as Republic Act No. 7279 or the Urban Development Housing Act of 1992 (UDHA), provides that certain lands owned by

the government may be disposed of or utilized for socialized housing purposes. It was signed into law to address the housing shortage of the country.

It was considered a landmark legislation and was filed by Senator Jose "Joey" D.

Lina, Jr. who was the youngest member of the Philippines Senate from 1987 to 1992. The Act lays down the groundwork for a comprehensive and continuing urban development and housing program. It addresses the right to housing of the homeless and

underprivileged Filipino people. This law seeks to provide social housing to the marginalized sector by addressing their access to land and housing, relocation,

demolitions, and promoting private sector participation in housing.

The law also mandates local government units to provide shelter to qualified beneficiaries and to undertake measures to curtail the activities of professional squatters and squatting syndicates. In addition, the Act also mandates the formulation of a National

Urban Development and Housing Framework to guide policymakers in the determination of areas for urbanization and development of concomitant programs to address the

urbanization problems.

The Department of Interior and Local Government (DILG) and the Housing and Urban Development Coordinating Council (HUDCC) developed the Implementing Rules and Regulations (IRR) of the UDHA to ensure the observance of proper and humane

relocation and resettlement procedures mandated by the UDHA of 1992.

Objectives of the Law

Uplift conditions of underprivileged and homeless citizens in urban and

resettlement areas through decent housing at affordable cost, basic services and

employment opportunities

Provide rational use and development of urban lands as a means of ensuring

Equitable utilization of residential lands in urban areas, focusing on the needs and

requirements of underprivileged and homeless citizens and not simply on market forces;

Optimization of the use and productivity of land and urban resources;

Development of urban areas conducive to commercial and industrial activities

which can generate more economic opportunities for the people;

Reduction in urban dysfunctions, particularly those that adversely affect public

health, safety and ecology; and

Access to land and housing by the underprivileged and homeless citizens.

Supports Decentralization

Local government units are implementers of social housing programs. LGUs are

expected to be more responsive to the hosing needs of their Communities.

Moratorium on Eviction of Program Beneficiaries

Provides for a moratorium on the eviction of all program beneficiaries and the

demolition of their dwellings for a period of three years from the effectivity of the law.

National Urban and Housing Development Framework, 1993 1998

The Vision

Better quality of life for residents of cities/urban centers

Cities/urban centers as economic hubs and major contributors to national

productivity and industrialization

Cities and urban communities are socially and environmentally healthy places

Cities and urban communities as centers for productive and income generating

activities

Cities that house and deliver basic social services to its citizens, particularly the

poor

Cities/urban centers promote political democratization through greater people

participation in decision-making

Urban governments are capable and competent to address urban issues and

concerns

Basic Principles and Considerations

In over-all national development, urban development shall reinforce and

complement rural development

Urban growth and development to complement natural and man-made investment

Level of future growth to be sufficient in quantity, quality, and distribution to provide

opportunities (employment, housing, services, etc.) for all citizens

Cities/urban centers are valuable resources to be supported and their welfare are

linked to the countrys welfare

Urban resources will be developed to achieve multiple uses.

Land use and growth decisions are principally a local prerogative, supported by

higher levels of government

People, private sector and other institutions shall play a primary role in building the

nations cities. Principle of popular initiative and self-help shall b pursued with

government as enabler and facilitator.

Harmonious relationships between the city/urban center and its environment, rural

surroundings, and urban growth shall be assured

Enhanced urban life should allow enhanced individual welfare

Preservation and continued production of prime agricultural land shall be

paramount

How was RA7279 Received?

It was viewed as the crowning achievement of the struggles of urban poor

organizations, civic groups, non-governmental organizations and church groups.

Consultative processes in drafting the law participated in by: a) representatives of

non-governmental organizations and peoples organizations, b) National Housing

Authority (NHA), c) Presidential Commission for the Urban Poor (PCUP),

d)Department of Interior and Local Government (DILG)

It was noted that local government officials were not active participants in this

process.

MALACAANG

M a n i l a

PRESIDENTIAL DECREE No. 757 July 31, 1975

CREATING THE NATIONAL HOUSING AUTHORITY AND DISSOLVING THE EXISTING HOUSING AGENCIES, DEFINING ITS POWERS AND FUNCTIONS,

PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

WHEREAS, the magnitude of the housing problem of the country has grown into such proportions that only a purposeful, determined, organized mass housing

development program can meet the needs of Filipino families for decent dwellings;

WHEREAS, recognizing the urgency of this problem the new Constitution of the Philippines has provided in Article II, Section 7 that the "State shall establish, maintain, and ensure adequate social services in the field of . . . housing . . . to guarantee the

enjoyment of the people of a decent standard living;

WHEREAS, the attainment of this objective is highly dependent on the conservation and rationalization of urban land use as the instrument of urban land reform

as well as on our ability to regulate housing financing and construction costs to bring housing within the reach of the greater number of our people;

WHEREAS, government efforts in housing are now proliferated among various

agencies and there is an urgent need to concentrate such efforts, resources, functions and activities in a national housing agency to maximize results;

WHEREAS, the effective implementation of housing programs will require the widest participation of the private sector in terms of capital expenditures, land, expertise,

and other resources related to housing construction and land development;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me by the Constitution do hereby order and decree, as part of

the law of the land, the following:

Section 1. Housing Program. Pursuant to the mandate of the New Constitution, there shall be developed a comprehensive and integrated housing program which shall

embrace, among others, housing development and resettlement, sources and schemes of financing, and delineation of government and private sector participation. The program

shall specify the priorities and targets in accordance with the integrated national human settlements plan prepared by the Human Settlements Commission.

In the preparation of said program, the following factors shall be considered:

(a) The management of urban development to promote the economic and social well

being and physical mobility of the people, and facilitate industrial growth and dispersal;

(b) The conservation of land for housing development as well as the regulation of land use to achieve optimum utilization patterns;

(c) The organization of public private resources into financial intermediaries to meet the demand for housing, including provisions for incentives and facilities to broaden the

private sector participation in housing investments; and

(d) The extensive use of building systems, which shall maximize the use of indigenous materials and reduce building costs without sacrificing sound engineering and

environmental standards.

Section 2. Creation of the National Housing Authority. There is hereby created a government corporation to be known as the National Housing Authority, hereinafter

referred to as the "Authority", to develop and implement the housing program above-mentioned. The Authority shall have its principal office in the Greater Manila area but may have such branch offices, agencies, or subsidiaries in other areas as it may deem proper

and necessary. The Authority shall be under the Office of the President and shall exist for fifty (50) years but may be extended.

Section 3. Progress and Objectives. The Authority shall have the following

purposes and objectives:

(a) To provide and maintain adequate housing for the greatest possible number of people;

(b) To undertake housing, development, resettlement or other activities as would enhance the provision of housing to every Filipino;

(c) To harness and promote private participation in housing ventures in terms of capital

expenditures, land, expertise, financing and other facilities for the sustained growth of the housing industry.

Section 4. Capitalization. The Authority shall have an authorized capital of five hundred million pesos which shall be fully subscribed by the Republic of the Philippines

and paid as follows:

(a) The sum of fifty million pesos upon the approval of this Decree which is hereby appropriated out of the funds in the National Treasury not otherwise appropriated, five

million pesos of which shall be released upon the organization of the Authority and the balances as and when needed;

(b) The sum of fifty million pesos for every subsequent fiscal year for a period of nine

years which must be included in the general appropriations act: Provided, That the assets and balances of appropriations transferred to the Authority pursuant to the provisions of Section 5, hereof, shall not be included in determining the capital of the Authori ty as

provided in this Section.

Section 5. Dissolution of Existing Housing Agencies. The People's Homesite and Housing Corporation (PHHC), the Presidential Assistant on Housing Resettlement

Agency (PAHRA), the Tondo Foreshore Development Authority (TFDA), the Central Institute for the Training and Relocation of Urban Squatters (CITRUS), the Presidential Committee for Housing and Urban Resettlement (PRECHUR), Sapang Palay

Development Committee, Inter-Agency Task Force to Undertake the Relocation of Families in Barrio Nabacaan, Villanueva, Misamis Oriental and all other existing

government housing and resettlement agencies, task forces and ad-hoc committees, are hereby dissolved. Their powers and functions, balance of appropriations, records, assets, rights, and choses in action, are transferred to, vested in, and assumed by the Authority:

Provided, That an inventory and evaluation of the properties, equipment, assets, rights, choses in action, obligations and liabilities of the herein dissolved agencies shall be made

by the Commission on Audit: Provided, Further, That all urban estates acquired by the Government, the Department of Agrarian Reform and the People's Homesite and Housing Corporation shall be transferred to the Authority which shall administer, develop

and dispose such estates including the collection of accounts receivables therein, payment of liabilities thereon and the enforcement of choses in action pertaining to the

same; Provided, Finally, That the transfers contemplated therein shall be on an estate-to-estate basis after the corresponding liquidation of such estate have been accomplished by the agency concerned in accordance with existing auditing and accounting rules and

regulations.

The qualified and necessary personnel of the dissolved agencies may be transferred to and be absorbed by the Authority: Provided, That the Board of Directors of

the Authority hereinafter provided, shall make personnel movement on the basis of merit and fitness in accordance with comprehensive and progressive merit system to be established by the Authority upon its organization.

The Authority, through its Board, shall effect the transfer herein provided in a manner that will insure the least disruption of on-going programs and projects: Provided, That in the

period prior to the actual assumption of duties by the Board and its functioning as such, all officers and employees of the abolished agencies shall continue to exercise all their

functions and discharge all their duties and responsibilities until ordered otherwise by the Board of the Authority.

The financial liabilities or obligations of the dissolved agencies shall be assumed by the National Government and, for the payment of such liabilities or obligations, bonds

or securities may be issued by the government in such amounts sufficient to cover said liabilities or obligations, the proceeds of which are hereby appropriated for the purpose.

Alternatively, said liabilities or obligations may be paid by direct appropriation which is hereby authorized in such amount as may be determined by the Commission on Audit.